Public-domain · open source
OpenJurist

121 Ariz. 374

590 P.2d 913

State v. Herber

Arizona Supreme Court

Decided January 11, 1979

Arizona Supreme Court · decided 1979-01-11

Cited by 6 later decisions — most recently December 1989

6 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1979-01-11

View the full empirical analysis of this case →

CAMERON, Chief Justice,

¶1dissenting.

¶2I regret that I must dissent from the opinion of the majority.

¶3I cannot agree with the conclusion of the majority that “ ‘good cause’ in the Federal Rule equates with ‘exceptional circumstances’ in Arizona’s rule.” The Comment to Rule 31.20 reads as follows:

“This provision is comparable to Ariz.Sup. Ct.R. 26 and Federal Rules of Appellate Procedure 2. Suspension is limited to exceptional circumstances rather than a *377showing of good cause. The rule’s primary purpose is to allow the appellate court to expedite cases of special concern to the public or to the parties and to permit extensions of the page limits for briefs and memoranda in exceptional cases.” (Emphasis supplied)

¶4By adopting Rule 31.20 in a different form than Rule 2 of the Federal Rules of Appellate Procedure, I believe that we intended, as the Comment specifically states, to limit suspension of the rules to “exceptional circumstances” rather than “good cause.” Until such time as we change the rules to conform to the Federal Rules of Appellate Procedure and its lesser standard of good cause, I believe we should adhere to the higher requirement of exceptional circumstances.

/121/ariz/374 · .json · Public domain